CONFLICT-OF-LAW PROVISIONS IN THE LABYRINTH OF THE EUROPEAN SPACE LAW

Abstract

This article aims to contribute to the scholarship on the emergence of European Space Law. It seeks to deal with the question of how the national space acts, as recently adopted in Europe, cope with each other. Thus, this article does not aim to analyse the entire content of the recently adopted national space legislation but focuses entirely on the problem of the exist-ence or absence of conflict-of-law provisions in national space acts. Firstly, the article addresses the issue of state responsibility for national space activities under international space law. Af-ter that, three major recent approaches to conflict-of-law provisions in the national space acts are being analysed. Firstly, examples of the unilateralist approach are presented (Austria, Slovakia), and the disadvantages of this approach are identified. Further examples of conflict-of-law provisions, which provide for modifications in territorial (Portugal) and personal (the Principality of Liechtenstein, Cyprus, and France) jurisdiction, are presented. In this respect, this article also provides a brief critical analysis of the recently published proposal for a future EU Space Law with respect of conflict-of-law issues.